Judiciary of Bexar
|align=left| Constitution Executive *Caudillo **Hermann von Salza *Consejo de Ministros * Parliament *Consejo Nacional del Movimiento Judiciary *Presidente del Tribunal Supremo *Tribunal Supremo Political Parties *Movimiento Nacional Elections *2009 Election Foreign Affairs *Foreign relations *Diplomatic missions *Treaties Category:Bexar The Bexaran legal system is a civil law based on a comprehensive compendium of statutes. Bexar uses an adversarial system where the role of the judge is primarily that of an impartial referee between the prosecutor and the defendant. The independence of the judiciary of Bexar is guaranteed under the Constitution, the organisation of courts is traditionally strong, and almost all state actions are subject to judicial review. Judges follow a distinct career path. At the end of their legal education at university, all law students must pass a state examination before they can continue on to an apprenticeship that provides them with broad training in the legal profession over two years. They then must pass a second state examination that qualifies them to practice law. At that point, the individual can choose either to be a lawyer or to enter the judiciary. Judicial candidates start working at courts immediately, however they are subjected to a probationary period of up to five years before being appointed as judges. Appointments are made by the Caudillo, and each judge serves at his pleasure. Court Organisation There are 4 types of court in the Judicial system: Tribunal Supremo The Supreme Court is the highest trial court in Bexar, and is also the highest court of appeal. Composed of five halls, it covers all jurisdictional orders and its rulings cannot be appealed Tribunal de Orden Público The Public Order Court has jurisdiction over the entire territory of the nation. It is composed of three halls that cover: *Criminal jurisdiction in cases pertaining to crimes against the state, terrorism, organized crime, counterfeiting and crimes committed in more than one jurisdiction. *Administrative jurisdiction, deals with appeal cases against resolutions of ministers, secretaries of state, the Council of Ministers and the chiefs of staff of the armed forces. *Social jurisdiction involves cases pertaining to collective bargaining agreements that cover more than the territory of one autonomous community. Audiencia Provincial The Audiencia Provincial is a court that covers the territory of one province and is responsible for two jurisdictional orders, civil and criminal. *Civil halls: are responsible for appeals against judgements by courts of first instance. *Criminal halls: judge serious criminal cases. Audiencia Condado The Audencia Condado covers the territory of one county and their responsibilities relate to the criminal and civil orders in minor cases. Officers of the Court Professional Judges The independence of the judiciary that is laid down in the constitution. Article 8 para. 1 only refers to the judicial decision-making process of any individual judge, not to the judicial power as a whole. In line with this, the courts are administrative bodies subordinate to the Ministry of Justice, special rules only applying to the judicial decision-making process and the status of the judges. All professional judges are compose a common corps in that they are recruited through a common process and their career is governed largely by state law. However, judges are also state civil servants and follow state rules on legal education, appointment, and promotion Prosecutors (Fiscalos) Public prosecutors, although equally paid as judges, do not enjoy judicial independence and legally are ordinary civil servants. Defence Counselors (Abogado Defensor) A lawyer can only act as defense counsel if they fulfill the aptitude criteria for judges. Defense counsel are grouped in divisions of the bar association, wherein membership is mandatory. Penal Code The Penal Code is a document which compiles all of Bexar's criminal law. The penal code will contain offences which are recognised in the jurisdiction, penalties which might be imposed for these offences and some general provisions (such as definitions and prohibitions on retroactive prosecution). The code consists of two main parts: General Part: in which general issues are arranged, for example: *Area of the law's validity *Law-related definitions *Capacity to be adjudged guilty *Perpetration and incitement or accessoryship *Necessary Defence *General provisions for punishments (fines and imprisonment) *Statutes of limitations *Attempts Special Part: in which the different criminal offences and their definitions and punishments are listed, for example: *Crimes against the democratic rule of law *Crimes against public order *Crimes against the person of a sexual nature *Crimes against life *Crimes against another person's wealth (for example robbery and theft) Punishments are a combination of fines and periods of incarceration, the amount and length of which depends on the crime committed. Links *Bexar Category:Bexar Category:Bexar Category:Politics of Bexar